Laws of New York (Last Updated: November 21, 2014) |
PBH Public Health |
Article 41. VITAL STATISTICS |
Title 7. VITAL STATISTICS RECORDS |
Section 4175. Records; unrecorded births and deaths
Latest version.
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1. If at any time after the birth, or within one year of the death of any person within the state, a certified copy of the official record of said birth or death with the information required to be registered by this article, be necessary for legal, judicial, or other proper purposes, and, after search by the commissioner or his representatives, it should appear that no such certificate of birth or death was made and filed as provided by this article, then the commissioner shall immediately require the physician or nurse-midwife, who, being in attendance upon a birth, failed or neglected to file a certificate thereof or the funeral director, undertaker or other person who, having charge of the interment or removal of the body of a deceased person, failed or neglected to file the certificate of death, if he or she be living, to obtain and file at once with the local registrar such certificate in as complete form as the lapse of time will permit. 2. With said delayed certificate shall be filed such statements subscribed and affirmed by the persons making them as true under the penalties of perjury and other evidence as may be required by the commissioner. 3. If the physician, nurse-midwife, funeral director or undertaker responsible for the report, is deceased or cannot be located, then the person making application for the certified copy of the record may file such certificate of birth or death together with such statements subscribed and affirmed by the persons making them as true under the penalties of perjury and other evidence as the commissioner may require. 4. The commissioner shall file such certificate and issue a certified copy thereof to said applicant without fee. 5. The delinquent physician, nurse-midwife, funeral director, undertaker, or other person may, in the discretion of the commissioner be prosecuted as required by this article, without bar from the statute of limitations, if he or she shall neglect or fail to file promptly the certificate required by this section.